Wilczak v. Ruda & Capozzi, Inc.

—Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiffs’ motion for summary judgment and in declaring that defendant insurance company (insurer) had a duty to defend and indemnify codefendants with respect to all causes of action alleged in plaintiffs’ complaint. The issue is whether the insurer’s almost two-month delay in disclaiming coverage, following late notice by the insured, is unreasonable as a matter of law.

*945In order to disclaim liability or deny coverage, an insurer is…